PRAMUKTA TARAFDAR
11 January 2011 at 02:26
CASE STUDY
Dear sir,
I have an important case to present in front of you..
That a person burrowed a sum of some amount as, Loan no -1, ( House building loan)from a bank,.by mortgaging his house registered in his nameThis loan was subsequently paid by the co borrower, - his wife and the account was kept standard after the death of the burrower.
Now the deceased man’s had 2 sons and his wife as legal hire. The man then had made a will where he had wished his wife as the sole beneficiary of all the land and house and his assets.
The youngest son had taken loan from the same bank without any co lateral or mortgage while his father was alive. The father or mother did not stand as a guarantor or burrower to this loan. The loan was taken to start a small scale industry which was covered under an insured coverage of cental govt ( C.T.G.S.M.E) where one time & the annual insurance fees was regularly paid.
Subsequently the second loan taken by the younger son went bad and was sent to the DRTA .Now the second son kept no contact with the family since last three years before the death of his father.
The Bank was quiet these years and never wrote to the father , mother or any one about the son’s loan from the date of its sanction or its failure.
Now after 3 years after coming to know that suddenly the father has died they are assuming. to take the mortgaged property for loan no -1 keeping into view that the younger son is the legal hire to his father’s property though for this loan the father never had mortgaged the house nor an extension of mortgage was done or the father stood as a guarantor for the loan no -2 during his life time.
Can the bank take the undivided property to recover the dues of the second loan though it was not mortgaged for loan no 2. please help me.
Pramukta Tarafdar
Rourkela
Mob: 9776562201, 9778997890
Surekha Jagdish Dabi
05 January 2011 at 11:08
It is to be registered to enforce it in the courts of law and it is made compulsorily to be registered. Also u can notarize it on Rs.500/- stamp paper in Maharashtra
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Inherited Property
Dear Sir
I want to know
can my mother transfer her share in an agriculture land in Haryana through gift deed or will etc which is come in her name after the death of my father and this land is inherited to my father from my grand father
Thanking You